Prepaid Card Services
1. In accordance with these terms and conditions (“Terms”), you (“Customer”) may place orders for (i) prepaid card products, whether plastic or electronic, including, as applicable, cards bearing a network logo that can be used anywhere that accepts that network brand, subject to the filter selected by Customer (“Open Loop Prepaid Cards”) and branded prepaid cards (including, without limitation, amusement, theme, sports and other admission tickets) which, when activated, can be used to purchase services and merchandise from the relevant retailer (“Single Merchant Gift Cards”) (collectively, Open Loop Prepaid Cards and Single Merchant Gift Cards shall be referred to as “Cards” or “Awards”) to be used in connection with Customer’s loyalty, award or promotional program sponsored by Customer where individuals are awarded a Card and where no money or other thing of value is given by the individual in exchange for the Card (each a “Program”), (ii) electronic codes redeemable for Cards (“Codes” and together with Cards, “Card Products”); (iii) related products, and (iv) fulfillment services (“Prepaid Card Services”). Client agrees to purchase the quantity and denomination of Card Products, related products and Prepaid Card Services at the prices outlined in each order which is either dynamically created on NRT’s website and executed by Customer via electronic signature, or is electronically submitted via file transmission to NRT (in a form and format to be agreed between the parties) including that information required to fulfill Card Products (each such order, an “Card Order”). All Card Orders placed by Customer are subject to acceptance by NRT. NRT may modify these Terms at any time. All changes will be effective immediately upon posting to this site.
2. Card Order Termination.
NRT may terminate any Card Order placed pursuant to these Terms: (i) if required by the Network, Issuer, or any vendor required for the processing and fulfillment of any Card Products; or (ii) if there is excessive fraud associated with the Ordered Card Products, as determined by NRT in its sole discretion. No termination or expiration of a Card Order shall affect any right or obligation that accrues prior to such termination or expiration.
3. Fees and Payment.
a. Fees. In consideration for the Card Products and related services, Customer shall pay the amounts set forth in the Price Quote provided by NRT. Invoices associated with an Card Order, or payments made in association with an Card Order, shall include the fees set forth in the Card Order (“Card Fees”) and amounts necessary to fund Card Products (collectively the face value of the Card Product and associated Card Fees are “Award Funds”) to those individuals participating in Customer’s Program and, as applicable, receiving a Card Product in connection with Customer’s Program (“Participants”). Customer agrees that Award Funds and shipping costs, where applicable, shall be prepaid by Customer at the time of placement of a Card Order and are non-refundable and non-returnable unless otherwise agreed by the parties. Customer acknowledges and agrees that NRT will not be required to process or release Card Products until the corresponding Award Funds are forwarded and made available to NRT. Upon submission of a Card Order, such fees and funding shall be remitted by Customer in accordance with NRT’s instructions. Additional terms may apply based on payment method and shall be provided on the appropriate payment processing form by NRT upon request.
b. Prefund. Customer and NRT may establish an account prefunded by Customer (in an amount to be agreed between the parties) for payment of Award Funds owed by Customer to NRT (the “Prefund Account”). When the amount of available funds in the Prefund Account drops below a threshold established by agreement between the parties, Customer shall submit funds in an amount sufficient to bring the balance of the Prefund Account back up to the agreed prefund amount. Customer acknowledges and agrees that NRT will not be required to process or release Card Products until the corresponding Award Funds are forwarded and made available to NRT.
c. Taxes. The parties agree that Customer will be solely responsible for all tax-related withholding, filing, remittance, and reporting it deems necessary or required under these Terms. NRT shall not have any responsibility or liability for any tax-related withholding, filing, remittance, or reporting, either to the governing regulatory body or to any Participants, and Customer will indemnify and hold NRT harmless from any and all Claims, investigations, inquiries, or subpoenas, and all associated costs and expenses incurred by NRT, resulting from or arising out of any such tax-related withholding, filing, remittance, or reporting or the failure to perform or improper performance of the same. NRT shall provide any information reasonably requested by Customer to enable Customer to execute its responsibilities under this subsection. Notwithstanding the foregoing, NRT shall charge applicable tax on all Fees. Applicable taxes shall be determined based on the ship-to address for the Card(s), or the billing address for any additional services, as applicable.
4. Card Order Placement: Customer will purchase Card Products through the submission of Card Orders in a form as prescribed by NRT from time to time. Card Orders are non-refundable.
5. Fulfillment: Following receipt of the associated Award Funds, NRT will fulfill Card Products. If the Card Products are to be shipped directly to Participants, NRT will submit the Card Product to the United States Postal Service (USPS) or the Canadian Post, as applicable, on behalf of Customer, except to the extent otherwise specifically agreed between the parties. Electronic cards or Codes shall be distributed to the recipients via e-mail or to Customer by delivery of bulk files via web services. Customer acknowledges and understands that the use of the USPS, Canada Post, electronic mail, or overnight courier involves risks and the potential for lost, stolen or misdirected mail or email or delays in delivery of the mail or email, and Customer agrees that NRT shall under no circumstance bear any liability (financial or otherwise) resulting from or attributable to lost, stolen or misdirected or delayed mail or email, except to the extent attributable to the negligence or intentional misconduct of NRT. Risk of Loss for the Card Products passes to client upon delivery of the Card Products to the applicable carrier. Customer acknowledges that NRT’s delivery obligations are contingent upon Customer providing all necessary information to NRT and otherwise being in compliance with these Terms and applicable laws . Fulfillment Card Fees are inclusive of associated postage via regular mail, though all such fees will automatically be adjusted without any action by the parties following any increase in the relevant postal rates. Where Customer elects to designate a carrier other than USPS or Canada Post, or where Customer elects bulk shipment of Card Products, shipping fees shall be passed through to the Customer. If Customer requests bulk delivery of Card Products, Customer shall be solely responsible for secure storage of any Card Products in its possession, custody, or control, including but not limited to compliance with Network or Issuer storage guidelines provided by NRT to Customer, if any.
6. Product Terms:
a. Fulfillment Requirements: Customer shall not offer Card Products for resale to consumers. Customer represents and warrants that it shall only request fulfillment of Card Products pursuant to a bona fide, good faith awards, rewards, loyalty, incentive, rebate, or promotional Program. Customer shall be solely responsible to manage and implement its promotion and determine which Participants are eligible to receive Card Products and receive value on the Card Products. Customer shall not request that Card Products be provided to persons who have not reached the age of majority in their jurisdiction. Customer shall not utilize Card Products for payment of “commissions”, and the program shall not provide a primary source of compensation to the Participant.
b. Transaction Data: Transactional information obtained by any third party Card Issuer utilized by NRT in the fulfillment of prepaid cards will be the sole property of such third party.
c. Network and Issuer Rights: Customer recognizes and acknowledges that the design of any Card, any Card program, and the use of Cards as provided in these Terms, are subject to the approval of Visa®, MasterCard®, or Discover®, as applicable (“Card Network”), and the issuing bank with whom the accounts associated with the Cards are held, or, for Single Merchant Gift Cards, the merchant issuer (“Card Issuer“). Customer acknowledges that such approval may be withdrawn by the Card Network or Card Issuer at any time. In addition, should NRT determine in its sole discretion that any such design, program, or use is likely to result in a withdrawal of approval by the Card Network or Card Issuer, or is likely to result in economic or reputational damage to the Card Network, the Card Issuer, or NRT based upon the actual or intended use of Cards or circumstances in which Cards are distributed, then NRT may cease or suspend issuance of Cards or Codes in association with these Terms and the Agreement, and/or require Card to cease or suspend distribution of Cards or Codes held in inventory. NRT reserves the right to determine the appropriate network for all Open Loop Prepaid Cards or programs in accordance with applicable law and Card Network and Card Issuer requirements. The Card Issuer may impose a limit on the total active balance any Participant may control. NRT reserves the right to monitor such balances and may, but shall not be required to, block access to funds if the combined balance of all Cards controlled by a single Participant exceeds the limit set by the Issuer.
d. International Card Fulfillment: Customer shall not send or instruct Cards to be sent outside the U.S., its territories, the District of Columbia, or Canada, unless the Program utilizes a product specifically authorized for international shipment. A fee of $1.00 per Card surcharge shall apply for all Cards sent outside the US or Canada for 1 oz. card packet. International shipment fees are subject to change without notice. Only personalized individual Card Orders may be shipped internationally. International shipping addresses are limited to English alphabet only. NRT shall not fulfill Cards to countries prohibited or sanctioned by the Office of Foreign Assets Control (“OFAC”), the Financial Action Task Force (“FATF“), the Office of the Superintendent of Financial Institutions (“OSFI”), and/or as directed by Card Issuer (hereinafter “Prohibited Countries”). Cards may not be redeemed in Prohibited Countries regardless of whether the country was previously permitted for Card shipment or redemption. Additional terms apply for fulfillment of Open Loop Prepaid Cards in currencies other than U.S. or Canadian dollars.
e. Information Requests: NRT, the Card Issuer, and the Card Network may require Customer to provide certain information to identify: (i) the intended use of Products issued under these Terms, (ii) Customer’s identity, and (iii) Customer’s owners. Such information may be used to comply with applicable anti-money laundering laws, and to confirm that the Cardholder Agreement will comply with applicable laws, rules, and regulations. Customer represents and warrants that any such information provided to NRT is true and accurate and shall remain true and accurate prior to the placement of any Fulfillment Request. Based upon the information so provided (or Customer’s failure to provide such information), NRT, the Card Issuer, and the Card Network reserve the right to withdraw approval for Customer’s program.
f. Third Parties: Customer shall disclose to NRT any third party to be used for or involved in payment or distribution of Card Products (all such parties, the “Third Parties”). Further, upon any changes to the contact or identification information for any Third Party, Customer shall provide NRT with such updated information fifteen business (15) days in advance of such change.
g. Supplemental Terms: If Customer wishes to purchase any Card Products, the resale and distribution of which are subject to additional terms and conditions dictated by the Card Issuer or necessary in NRT’s reasonable discretion, Customer acknowledges that execution of and compliance with such terms and conditions shall be a condition precedent to Customer ‘s ability to purchase and/or resell such Card Products
h. Investigations/Loss: Subject to applicable law, Customer agrees to comply with all reasonable requests made by NRT to investigate, prevent, and recover sums due relating to any actual or suspected loss, fraud, or other improper use of any Card Product ordered by Customer or on Customer’s behalf. NRT shall not be responsible for any third party fraud.
i. Terms Applicable to Open Loop Prepaid Cards: The following terms apply to all Card Orders of Open Loop Prepaid Cards:
i. General: Open Loop Prepaid Cards may be anonymous or personalized, as identified in these Terms. For personalized Open Loop Prepaid Cards, Customer shall provide only the first name and last name, or first initial and last name, of a natural person. If Customer provides any text or symbols to NRT other than the first initial or name and last name of the natural person Participant, (i) NRT shall not be responsible for any costs associated with any request for replacement of such Cards, (ii) the Card shall be treated as an anonymous card for customer service purposes. As applicable, the personalized Card demographic data must include Participant’s home address regardless of the shipment method. Customer shall transmit Participant home address and updates thereto as necessary to NRT regardless of the shipment method specific to personalized Cards. Should addresses other than the Participant’s home address be provided, Customer accepts and acknowledges that the Card may be suspended and/or cancelled and the Card may not function at the point of sale. NRT reserves the right to deny participation or cancel any issued Open Loop Prepaid Card for any Participant or proposed Participant should the name of the Participant appear on the Office of Foreign Assets Control (OFAC), Office of the Superintendent of Financial Institutions in Canada (OSFI) or Financial Transactions and Reports Analysis Centre of Canada (“FINTRAC”) lists, or other local, state, federal, or foreign lists of individuals being pursued by law enforcement agencies, or other such legal or risk related reasons as solely determined by NRT.
ii. Card Package: If Customer selects a plastic Card as the Award type, each Card will be issued with a Card carrier, a Cardholder Agreement insert, an envelope, and any other inserts applicable to the Card Product (such as a “tips” page) or selected by the Customer (collectively “Card Materials”). Customer may utilize standard Card Materials, standard Card Materials featuring Customer’s co-brand image, or custom Card Materials. Card Fees for co-branded or custom Card Materials shall be detailed in the “Card Fees” section of these Terms. For non-custom Card Materials, whether or not co-branded, NRT reserves the right to change the Card Materials without notice. In the event custom Card Materials produced for Customer are not utilized (i.e., no Cards fulfilled) after the earlier of (i) an eighteen (18) month period from the time the Card Materials are ordered or (ii) termination of the Agreement, NRT may destroy any such Card Materials. Replacement Cards requested after destruction of custom Card Materials may be fulfilled with standard Card packets. Depending on the volume and type of custom Card Materials inventory requested, Customer may be required to complete and submit a Custom Inventory Request Form prior to production or re-order of custom Card Materials. Conflicts between this subsection and the Custom Inventory Request Form shall be governed by the terms of the Custom Inventory Request Form.
iii. Cardholder Agreement: Except as otherwise specified herein, Customer understands and agrees that the terms of a cardholder’s use of a Card issued under these Terms (“Cardholder Agreement”) will be governed by terms and conditions established by the Issuer.
iv. Cardholder Fees: Any fees imposed on the cardholder, such as maintenance fees or Card replacement fees, shall be disclosed in the Cardholder Agreement. Such fees may be reduced at NRT’s discretion, without the need of Customer approval. Customer may establish customer service guidelines whereby NRT customer service representatives may waive any such fees and credit charged fees to the relevant cardholder account, in which case any amounts so waived and/or credited will be billed to Customer. Should any of the following occur at any time so as to materially alter any features of the Cards, such as Card expiration of fees (including without limitation maintenance or interchange fees), then the parties agree that NRT will no longer be required to offer Cards as a vehicle for Awards under these Terms under the pricing set in the Price Quote: (i) the issuance of new or modified laws, rules or regulations, including without limitation rules issued by the Federal Reserve regarding the definition of “promotional cards”; (ii) a court ruling; or (iii) a change in the applicability of federal preemption to state or local stored value card regulations.
v. Changes: Customer understands, acknowledges, and agrees that NRT may need to make changes to the Cards or Prepaid Card Services from time-to-time as required by the Card Issuer or Card Network. Customer further understands, acknowledges and agrees that there may be additional charges associated with such changes. In the event NRT is required to make material changes, NRT shall communicate such changes to Customer as soon as reasonably possible.
vi. Card Funds: Unless the Card states, “Funds do not expire,” Cards must be used prior to the valid thru date displayed on the Card and are no longer redeemable after midnight (MST) the last day of the month that is embossed or printed on the Card face. The Cardholder Agreement contains directions specific to any Card balance remaining after the valid thru date. NRT reserves the right to suspend or cancel any Cards (or limit features offered on Cards prospectively), including but not limited to reloadable and/or ATM access, if it believes such Cards are being used for illegal or improper purposes. Customer further agrees that it waives any right to dispute charge backs related to “force post” transactions associated with prepaid cards issued under these Terms, where Customer, Purchaser, or an affiliate of Customer or Purchaser, is the merchant associated with the “force post”.
vii. Compliance: With respect to Open Loop Prepaid Cards issued under these Terms, as between NRT and Customer, NRT is solely responsible for compliance with all applicable statutes, rules, laws and regulations governing: (i) the assessment of fees associated with such Cards; and (ii) any unclaimed property laws applicable to balances remaining on such Cards. Customer further acknowledges that compliance efforts under this subsection may be made directly by NRT or may be fulfilled by the Card Issuer.
viii. Disbursements Cards: With respect to Card Orders of Disbursements Open Loop Prepaid Cards, if such cards are offered to the Participant as one option of multiple payment methods, then Customer shall display the short form disclosure to the participant prior to selection of payment method. Customer must submit such disclosure to NRT, and receive approval from NRT prior to distribution of any Disbursements Open Loop Prepaid Cards.
j. Terms Applicable to Single Merchant Gift Cards: The following terms apply to all Single Merchant Gift Cards:
i. General. Single Merchant Gift Cards are available within the U.S. and Canada, and cannot be personalized. Card plastic is standard, but other Card Materials may be customized. Customer acknowledges and agrees that availability and pricing (including discount percentages) of certain merchant Cards may change from time to time.
ii. Activation. NRT shall activate all ordered Single Merchant Gift Cards prior to or after shipment to Customer.
iii. Customer Service. NRT shall only be responsible for customer service inquiries from Customer regarding Fulfillment Requests and fulfilment thereof. Customer understands and agrees that all other customer service inquiries (including without limitation inquiries from cardholders) shall be the responsibility of Customer or the Card Issuer.
iv. Cardholder Agreement. Except as otherwise specified herein, Customer understands and agrees that the terms of a cardholder’s use of a Single Merchant Gift Card provided under these Terms will be governed by terms and conditions established by the Card Issuer. Fees imposed on the use of the Card, if any, shall be disclosed in the Cardholder Agreement.
7. Program Management for Third Parties: Customer may request fulfillment Card Services on behalf of a third party (each a “Purchaser”) only if Customer has completed and submitted to NRT the appropriate partner application and has been expressly approved to do so by NRT. Subject to NRT’ approval, such Card Services shall be performed subject to the following requirements:
i. In addition to the information required to be disclosed hereunder, Customer shall provide to NRT all requested information regarding each Purchaser. Customer may only request Cards to be fulfilled directly to the Participant or the Purchaser; Cards may not be held in inventory and further distributed by Customer.
ii. If Purchaser is to submit Card funding or fees directly to NRT, a “Direct Payment Fee” will be charged, and a written agreement between NRT, Customer, and Purchaser is required.
iii. Customer shall enter into a written agreement with Purchaser, the terms of which shall pass along all obligations or representations and warranties of Customer under these Terms, which, based on the structure of the program, are controlled by or may properly be fulfilled by Purchaser.
iv. Should NRT determine in its sole discretion that any Purchaser program or Purchaser use is likely to result in a withdrawal of approval by the Card Network or Card Issuer, or is likely to result in economic or reputational damage to the Network or NRT based upon the actual or intended use of Cards or circumstances in which Cards are distributed, then Blackhawk may cease or suspend issuance of Cards in association with these Terms, and/or require Purchaser to cease or suspend distribution of Cards held in inventory.
v. Client shall indemnify NRT against any and all losses that NRT may incur or be subjected to, including, without limitation, any loss resulting from any Claims brought by any entity including but not limited to governmental entities, as a result of or arising out of (a) Customer’s failure to conduct due diligence on each Purchaser as required under these Terms, (b) any resale of the Cards by Purchaser(s), and (c) any resale of Cards to consumers by Customer or Purchaser(s).
vi. Customer shall maintain records of all payments and any due diligence performed by Client on Purchasers for a period of five (5) years from inception of the program through which the Cards are distributed. All such records shall be subject to audit by NRT.
vii. Customer shall comply with all requirements set forth in the Partner Operations Manuals found provided by NRT from time to time.
viii. In becoming an approved Partner, Customer acknowledges that NRT does business directly with end clients (entities that utilize NRT’s services or products in their own programs), as well as indirectly through other partner clients. The parties acknowledge that in such engagements, NRT (or its other partner customers) and Customer may be competing in overlapping markets. Notwithstanding the foregoing, NRT confirms that it will not use Customer’s Confidential Information for any purpose other than in furtherance of, or as specifically allowed in, these Terms.
8. E-Mail Delivery of Virtual Cards or Codes.
a. Customer shall not provide any e-mail address to NRT for delivery of virtual Cards or Codes by NRT without obtaining the consent of the intended recipient of such e-mail, and Customer shall not submit an e-mail address for any individual that has opted-out of receiving e-mails from Customer. Customer shall be responsible for complying with any applicable laws regarding sending of commercial e-mails and, in requesting delivery of virtual Cards or Codes via e-mail, shall be considered the sender of such e-mails.
b. Customer shall retain records of any consents to receive electronic messages and shall provide such records upon request from NRT.
c. Customer shall ensure that information submitted to NRT for the content and delivery of any e-mails generated in connection with the delivery of virtual Cards or Codes is accurate, not deceptive and complies with applicable law. Customer shall submit accurate contact information that a recipient can utilize to opt-out from receiving future e-mails from Customer, in compliance with applicable law. If Customer does not provide information allowing recipients to unsubscribe, Customer represents and warrants that such unsubscribe information is not required under applicable law, and Customer assumes all liability for such determination.
d. In addition to the indemnification provisions under these Terms, Customer expressly agrees to indemnify NRT for any Claims or Damages arising from Customer’s failure to comply with this subsection.
9. Customer Representations and Warranties.
a. Customer represents and warrants that any such personal information which Customer provides to NRT or otherwise makes available to NRT is not the subject of any applicable “opt out” election by a Participant and that Customer has obtained any necessary approvals or consents from Participants prior to sending, disclosing, or making available (including without limitation inviting Participants to join a promotion or program) personally identifiable information of such Participants to NRT.
b. Customer represents and warrants that Customer shall be solely responsible for compliance with, and for ensuring that Customer promotions or programs are structured in compliance with, all applicable foreign, federal, state, and local laws and regulations governing Customer’s industry, business, promotion, or program, including without limitation all consumer protection, promotion, and sweepstakes laws and regulations. Customer shall be solely responsible for compliance with any applicable foreign, federal, state, and local laws and regulations regarding advertising which may be used by or for Customer in support of its promotions or programs. Client further represents and warrants that any Customer Content (as defined in Section 10, below) shall not infringe on the rights (including without limitation the intellectual property rights) of any person or entity.
c. THE PARTIES AGREE THAT THE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, AND HEREBY EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT.
10. Confidential Information.
a. “Confidential Information” means, with respect to a party, any confidential or proprietary information of that party, whether or not marked confidential or proprietary including, but not necessarily limited to, trade secrets, technology, designs, concepts, ideas and information relating to the customers, product plans, promotional and marketing activities, finances and other business affairs of the that party, but does not include information (a) previously known to the other party without obligation of confidence, (b) independently developed by or for the other party without use of or access to the disclosing party’s confidential information, (c) acquired by the other party from a third party which is not under an obligation of confidence to the disclosing party or its Affiliates with respect to such information, or (d) which is or becomes publicly known and generally available to the public through no breach of these Terms. Customer’s Confidential Information shall remain the sole and exclusive property of Customer, and NRT’s Confidential Information shall remain the sole and exclusive property of NRT.
i. Customer Confidential Information will expressly include, and Customer shall retain title to and all ownership rights in, any and all text, multimedia or images, data and the like provided by Customer to NRT for use in providing Prepaid Card Services (“Customer Content”). Customer grants NRT, during the term of these Terms, a non-exclusive, royalty-free, sublicensable, revocable license to use Customer’s name, Customer Content, and those certain trademarks, service marks, or logos provided by Customer to NRT solely as necessary for the provision of Prepaid Card Services by NRT or its subcontractors under these Terms and any other agreement. NRT shall comply (and shall direct any subcontractors to comply) with guidelines provided by Customer to NRT regarding brand usage.
ii. Subject to Section 8, all Participant data collected by NRT during the course of providing services under these Terms (“Participant Data”) shall be the sole property of Customer and will be considered Customer Confidential Information. Customer grants NRT a non-exclusive license to utilize the Participant Data: (A) as necessary for NRT to perform Prepaid Card Services; and (B) solely with respect to non-Participant identifying information, in the creation of aggregate statistics, provided that such statistics are not: (i) Participant specific; and (ii) Customer specific, and do not identify Customer as the source of such statistics.
iii. NRT acknowledges that it is responsible for the security of Participant data that it possesses or otherwise stores, processes, or transmits on behalf of Customer. Further, NRT acknowledges that it is responsible for the security of Participant data to the extent that NRT has access to or could impact the security of the customer’s cardholder data environment.
b. NRT, as well as its vendors, suppliers, and providers, may obtain, use, disclose and otherwise process Personal Information in accordance with its privacy policy located at: https://www.nrttech.com/privacy-policy/ and Personal Data (as that term is defined in the DPA) in the performance of the Services, as set forth in the Data Processing Addendum located at https://blackhawknetwork.com/b2b-data-protection-addendum (the “DPA”), which is incorporated herein by this reference. As further described in the DPA: (1) the address for assistance needed with Data Subject Requests is privacyofficer@nrttech.com (this email address is confidential and should not made available to the public); and (2) notifications to NRT regarding a Personal Data Breach shall be sent via e-mail to: privacyofficer@nrttech.com . The DPA also includes Exhibit 1 and Exhibit 2 to these Terms.
11. Intellectual Property.
a. Branding Compliance. When applicable, Customer shall adhere to any branding guidelines provided by NRT and shall not distribute, either internally or to the public, any materials (including but not limited to advertisements, marketing materials, promotions, direct mail (including email), press releases, internet notices or web pages, brochures and posters) that refer directly or indirectly to NRT, any prepaid card network, NRT’s merchant partners, any prepaid card issuer (including the issuer of any gift card), or any trademarks, service marks, trade names, copyrights, or logos (“Marks”) of any of the foregoing, or any prepaid or gift cards, without prior review and written approval from NRT. NRT’s branding review is to ensure appropriate usage of Marks and should not be interpreted in any way as an approval of the elements of Customer’s program or promotion, or that the program or promotion complies with applicable law.
b. Product Terms and Conditions. Customer shall, at all times, accurately describe the terms and conditions of the Card Product(s), as applicable, not strictly those for branding purposes, and Customer shall be solely liable for all costs, expenses and outcomes of descriptions of the Card Product(s) other than as approved by NRT as defined herein. Customer shall not market, advertise or promote the availability of Card Products or the Program(s) under which they are distributed in any way that (i) is misleading or potentially misleading, or (ii) fails to clearly identify Program eligibility criteria or material terms and conditions of the Card Products. Customer shall not promote or market any Card Product as a “gift,” “cash,” “cash back” or a similar cash equivalent.
c. Costs. In addition to the indemnification provisions set forth herein, Customer shall be fully liable for any cost associated with Customer’s breach of this section including, without limitation, revised or corrected materials, destruction costs, replacement Card Products or other replacements or returns, customer service costs incurred by NRT as a result, legal fees incurred by NRT for enforcement, and other fees, fines or penalties incurred by NRT as a result of such breach.
Exhibit 1
DATA PROCESSING DESCRIPTION AND
INITIAL RECORD OF PROCESSING
This Attachment is part of the DPA and includes certain details of the Processing of Personal Data. Capitalized terms are defined in the DPA.
Purpose and duration of the Processing of Personal Data
The subject matter and duration of the Processing of Personal Data are set out in the DPA and the relevant Agreement, and the obligations and rights of NRT and its Affiliates are set forth in the DPA, however for purposes of reporting, the following descriptions may be used: The Vendor will process the below-identified consumer information in order to fulfill Card Products, service cardholders, and provide associated services.
Data Subjects
The Data Subjects whose Personal Data is required to be processed as an essential part of delivering the Services described above could include any of the following:
1. Consumer customers (customers of Customer; Customer is Controller);
2. Consumer customers (customers of Third Party; Third Party is Controller);
3. Consumer customers where there are multiple/joint Controllers;
4. Employees of Customer (Customer is Controller); or
5. Employees of Third Party (Third Party is Controller).
Personal Data
1. Consumer Name (consumer customer of the Customer)
2. Consumer Street Address
3. Consumer Postal Code
4. Consumer Email Address
5. Consumer Phone Number
6. Employee Name (employee of the Customer)
7. Employee Mailing Address
8. Employee Phone Number
9. Employee Work Email Address
10. Employee Personal Email Address
Exhibit 2
SUBPROCESSORS
As of the effective date of the Purchase Order, the sub-processors listed below may support the performance of the Services in accordance with the Terms and pursuant to the terms of the DPA. The identified sub-processors will provide the identified services and nature of processing in the United States until the Personal Data is deleted pursuant to the Terms or Section 5 of the DPA.
1. Black Hawk Network Inc.; Card Fulfillment
2. Amazon Web Services: Infrastructure as a services for data storage;
3. Arroweye Solutions, Inc.; Card Fulfillment
4. Fidelity Information Services; Card Fulfillment
5. Fiserv Solutions; Card Fulfillment
Vendor may periodically make available its then-current list of sub-processors through a link on its website (e.g., via the Privacy Policy, or otherwise), and Vendor notifications about changes to its sub-processors will be made via posting the list at that location.
